Q&As

A tenant has sworn a statutory declaration to contract out of the Landlord and Tenant Act 1954 before a magistrate. Does the magistrate need to insert their home address into the statutory declaration for it to be valid or is their signature enough? If the statutory declaration is invalid, will the contracting out process still have been completed correctly because the notice was served, and the declaration signed by the tenant more than 14 days before completion?

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Published on LexisPSL on 18/06/2021

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A tenant has sworn a statutory declaration to contract out of the Landlord and Tenant Act 1954 before a magistrate. Does the magistrate need to insert their home address into the statutory declaration for it to be valid or is their signature enough? If the statutory declaration is invalid, will the contracting out process still have been completed correctly because the notice was served, and the declaration signed by the tenant more than 14 days before completion?

A tenant has sworn a statutory declaration to contract out of the Landlord and Tenant Act 1954 before a magistrate. Does the magistrate need to insert their home address into the statutory declaration for it to be valid or is their signature enough? If the statutory declaration is invalid, will the contracting out process still have been completed correctly because the notice was served, and the declaration signed by the tenant more than 14 days before completion?

It is assumed that the statutory declaration has been sworn before, and not by, a magistrate.

Under section 18 of the Statutory Declarations Act 1835, any justice of the peace, notary public or other officer authorised at the time of the passing of the Act to administer an oath may take the declaration of any person voluntarily making the declaration before them in the prescribed form. The Magistrates' Courts Act 1980, despite its title and its use of the term 'magistrates' court', still uses the description 'justice of

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